HARTFORD -- A lawyer for Republican candidate for governor Tom Foley asked a Connecticut judge Monday to temporarily block rival Republican candidate Michael Fedele and his running mate from receiving more than $2 million in public campaign funds.

Foley's free-speech rights would be "irreparably harmed" if they received the money, said Hartford attorney Daniel J. Krisch, who also said that Fedele and Danbury Mayor Mark Boughton are not qualified to receive it.

"The harm will be immediate, it will be significant, it will be irreparable," Krisch said.

Fedele's attorney and the State Elections Enforcement Commission countered that Fedele, currently the lieutenant governor, is the one who would be irreparably harmed if Superior Court Judge Julia Aurigemma bars the Fedele campaign from spending the money. Unless Aurigemma makes a special provision, Fedele would be prevented from raising any money for the Aug. 10 GOP primary from private sources because he already opted into the public financing program, they said.

They also argued that an injunction would harm the Citizens Election Program and ultimately discourage candidates, especially 2014 gubernatorial candidates, from wanting to participate for fear money might not be available.

Aurigemma said she plans to decide on the matter before 5 p.m. Tuesday. The details of her decision could be released at a later date.

With the primary looming, Fedele is eager to begin spending the $1.25 million grant and a $937,500 supplemental allotment the elections commission approved Thursday on television advertising.

Fedele's campaign has called Foley's lawsuit "a political ploy" to destroy a primary opponent and an attempt to divert primary voters' attention from questions about his past, such as his business record and two past

arrests.

"Despite Foley's attempt to obstruct the political process with a frivolous lawsuit, this campaign will be about more than who has the biggest checkbook, but rather a debate on the agendas and character of the candidates," said Chris Cooper, a Fedele spokesman.

Foley, who opposes the state's Citizens Election Program and has already funneled at least $2 million of his own money into his campaign, said he's attempting to make sure someone who he believes didn't qualify for the public money doesn't receive it.

"For the second highest elected official in the state to be manipulating the system so he can feed at the taxpayers' trough is exactly the type of game-playing the voters want stopped in Hartford," Foley said in a written statement.

Beth Rotman, executive director of the Citizen Election Program, said Foley was misinterpreting the law and that the elections commission, which has staff who interpret state statutes affecting the public financing program, is typically given deference by the courts in making such decisions.

The third Republican on the primary ballot, Oz Griebel, executive director of a Hartford-area business group, sided with Foley on Monday and joined the suit as an affected party. Attorney Ben Krowicki, who represented Griebel and his campaign, said his client also will be irreparably harmed if Fedele and Boughton receive the funds.

Foley's and Griebel's attorneys claim Fedele and Boughton broke the rules when they decided to pool their funds to qualify for the public grants. After initially raising small contributions, up to $100, to qualify separately, they decided to form a joint campaign and wound up receiving checks from the same people.

That violates the $100-per-donor limit, the attorneys for Foley and Griebel said.

Foley also claims only endorsed party candidates can form a joint committee and receive funding. While Boughton received the GOP endorsement for lieutenant governor at the recent convention, Fedele did not for governor. Foley won the endorsement.

Additionally, Foley objects to the $937,500 supplemental grant awarded to Fedele based on the amount of money Foley's campaign raised and spent. He said the trigger for the extra funds should be based on how much money Foley raised or spent after the convention. Rather, the commission based it on an April campaign finance filing.